SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by
adding a new part to be appropriately designated and to read as
follows:

"PART . CRIMES

§6E-A Appropriation, excavation, injury, destruction,
or alteration of historic property or aviation artifact. (a) A
person, natural or corporate, commits the offense of
appropriation, excavation, injury, destruction, or alteration of
historic property or aviation artifact if the person, natural or
corporate:

(1) Takes, appropriates, excavates, injures, destroys,
or alters any historic property or aviation artifact located
upon the private lands of any owner thereof without the owner's
written permission being first obtained; or

(2) Takes, appropriates, excavates, injures, destroys, or
alters any historic property or aviation artifact located upon
lands owned or controlled by the State or any of its political
subdivisions, except as permitted by the department.

(b) Appropriation, excavation, injury, destruction, or
alteration of historic property or aviation artifact is a
misdemeanor for which a fine not to exceed $25,000 may be imposed
in addition to any other penalty provided by chapter 706 for a
misdemeanor.

(c) Each day of a continued violation of this section shall
constitute a distinct and separate offense.

§6E-B Appropriation, excavation, injury, destruction,
or alteration of a burial site. (a) A person, natural or
corporate, commits the offense of appropriation, excavation,
injury, destruction, or alteration of a burial site if the person,
natural or corporate:

(1) Takes, appropriates, excavates, injures, destroys,
or alters any burial site or the contents thereof, located on
private lands or lands owned or controlled by the State or any
of its political subdivisions, except as permitted by the
department; or

(2) Takes, appropriates, excavates, injures, destroys, or
alters any burial site or the contents thereof during the
course of land development or land alteration activities to
which section 6E-42 applies, without obtaining the required
approval.

(b) Appropriation, excavation, injury, destruction, or
alteration of a burial site is a misdemeanor for which a fine not
to exceed $25,000 may be imposed in addition to any other penalty
provided by chapter 706 for a misdemeanor.

(c) Each day of a continued violation of this section shall
constitute a distinct and separate offense.

§6E-C Failure to stop work upon discovery of a burial
site. (a) A person, natural or corporate, commits the offense
of failure to stop work upon discovery of a burial site if the
person discovers a burial site and fails to stop work in the
immediate area and report the discovery as required by section
6E-43.6.

(b) It is not a defense to a prosecution of a violation of this
section that the discovery of the burial site was inadvertent.

(c) Failure to stop work upon discovery of a burial site is a
misdemeanor for which a fine not to exceed $25,000 may be imposed
in addition to any other penalty provided by chapter 706 for a
misdemeanor.

(d) Each day of a continued violation of this section shall
constitute a distinct and separate offense.

§6E-D Criminal penalties not in lieu of civil or
administrative penalties. The criminal penalties imposed by
this part are in addition to, and not in lieu of, any civil or
administrative penalties provided by law.

§6E-E Part not applicable to family burial plots.
Nothing in this part shall apply to land altering activities
related to family burial plots under section 441-5.5."

"§6E-11 [Penalties.]Civil
violations. (a) It shall be
[unlawful]a civil violation for
any person, natural or corporate, to take, appropriate, excavate,
injure, destroy, or alter any historic property or aviation
artifact located upon the private lands of any owner thereof
without the owner's written permission being first obtained. It
shall be [unlawful]a civil
violation for any person, natural or corporate, to take,
appropriate, excavate, injure, destroy, or alter any historic
property or aviation artifact located upon lands owned or
controlled by the State or any of its political subdivisions,
except as permitted by the department.

(b) It shall be [unlawful]a civil
violation for any person, natural or corporate, to knowingly
take, appropriate, excavate, injure, destroy, or alter any burial
site or the contents thereof, located on private lands or lands
owned or controlled by the State or any of its political
subdivisions, except as permitted by the department.
[Violators of this subsection are also subject to
prosecution pursuant to section 711-1107, the penalties for which
shall be imposed in addition to, and not in lieu of, any penalties
imposed under this section.]

(c) It shall be [unlawful]a civil
violation for any person to take, appropriate, excavate,
injure, destroy, or alter any historic property or burial site
during the course of land development or land alteration
activities to which section 6E-42 applies, without obtaining the
required approval. [The penalties imposed pursuant to
subsections (e) and (f) shall be in addition to any other
penalties that may be imposed pursuant to law.]

(d) It shall be [unlawful]a civil
violation for any person who inadvertently discovers a burial
site to fail to stop work in the immediate area and report the
discovery, as required by section 6E-43.6.

(e) Any person who violates this section shall be fined not
more than $10,000 for each separate offense. If the violator
directly or indirectly has caused the loss of, or damage to,
historic property or burial site, the violator shall be fined an
additional amount determined by the court to be equivalent to the
value of the lost or damaged historic property or burial site.
Each day of continued violation of this provision shall constitute
a distinct and separate offense for which the offender may be
punished. Equipment used by a violator for the taking,
appropriation, excavation, injury, destruction, or alteration of
historic property or a burial site, or for the transportation of
the violator to or from the historic property or a burial site,
shall be subject to seizure and disposition by the State without
compensation to its owner or owners.

(f) Any person, natural or corporate, who knowingly violates
this section with respect to burial sites shall also be prohibited
from participating in the construction of any state or county
funded project for ten years.

(g) Nothing in this section shall apply to land altering
activities relating to family burial plots under section
441-5.5.

(h) The penalties imposed by this section shall be in
addition to the criminal penalties provided by this chapter and
any other penalties that may be imposed pursuant to law."

SECTION 3. In codifying the new part added to chapter 6E,
Hawaii Revised Statutes, by section 1 of this Act, the revisor of
statutes shall substitute appropriate section numbers for the
letters used in the new section designations in this Act.

SECTION 4. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.